What You Need to Know
In Arizona, more couples than ever are living together long-term without getting legally married. Whether by choice or circumstance, these relationships often involve shared finances, homes, vehicles, and responsibilities. But when things go wrong — whether through separation or the death of a partner — many are shocked to learn they have little to no legal protection.
Let’s clear up one of the biggest misunderstandings: Arizona does not recognize common law marriage, and unmarried couples in this state do not automatically have shared property rights, no matter how long they’ve been together.
Why the Confusion? What Is “Common Law Marriage”?
A common law marriage is a legally recognized marriage that doesn’t involve a formal ceremony or marriage license. Some states allow couples to gain legal marital status through cohabitation and holding themselves out as married.
Arizona does not allow common law marriage to form within the state. However, it will recognize valid common law marriages from other states under the Full Faith and Credit Clause of the U.S. Constitution.
So, unless you’ve legally formed a common law marriage in another state that allows it (like Texas or Colorado), you’re considered unmarried in Arizona — and property laws for unmarried people apply.
What Happens to Property in an Unmarried Breakup?
This is where it gets tricky. Arizona is a community property state, but only for married couples. If you’re not married, none of the community property rules apply — even if you bought a house together, shared a bank account, or lived like spouses for decades.
Here’s what Arizona law typically says for unmarried partners:
- Property titled in one partner’s name belongs to that person.
- Jointly titled property (like a home or car with both names) is presumed to be owned 50/50.
- No presumption of shared ownership for anything else — regardless of who paid for what.
- There is no legal process like divorce to split property fairly.
- You may have to file a civil lawsuit (e.g., partition action, unjust enrichment) to fight for your share.
Real-World Examples
- You move in together and furnish the house, but only your partner is on the deed → legally, they own it.
- You both contribute to a joint bank account → that money can be split equally.
- You buy a car together, but only your name is on the loan and title → it’s legally yours, unless there’s evidence of intent to share.
How to Protect Yourself Legally
If you’re in a long-term relationship and not married, the best thing you can do is plan ahead with legal agreements and documentation. Some common tools include:
- Cohabitation Agreements: Define who owns what and how things will be divided if the relationship ends.
- Wills and Trusts: Unmarried partners have no automatic inheritance rights without estate planning.
- Powers of Attorney: Name each other as decision-makers for medical or financial emergencies.
- Joint Ownership with Right of Survivorship: Ensures the surviving partner automatically owns shared property.
Rideout Law Group Can Help
At Rideout Law Group, our experienced Arizona attorneys help unmarried couples protect their rights and avoid future legal battles. We assist with:
- Drafting and reviewing cohabitation agreements
- Resolving property disputes between ex-partners
- Estate planning for unmarried individuals
- Litigating unjust enrichment or partition claims
Whether you’re planning your future or facing a complicated breakup, our offices in Scottsdale and Lake Havasu City are here to help you protect what’s yours.
Final Thoughts
Living together doesn’t mean you’re legally protected. Arizona does not recognize common law marriage, and unmarried couples must take extra steps to safeguard their property rights. Without legal documentation, courts will treat you as strangers when it comes to dividing assets.
📞 Call us at (480) 584-3328 in Scottsdale or (928) 854-8181 in Lake Havasu for a consultation. Let’s make sure you’re protected.